LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6525 NOTE PREPARED: Dec 9, 2024
BILL NUMBER: SB 153 BILL AMENDED:
SUBJECT: Privately Made Firearms.
FIRST AUTHOR: Sen. Randolph Lonnie M BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill defines a "privately made firearm" and other related terms. The bill
makes it a Level 5 felony to possess a privately made firearm. It also makes it a Level 5 felony to alter,
obliterate, or remove certain marks of firearm identification or to possess a firearm on which those marks
of identification have been altered, obliterated, or removed.
Effective Date: July 1, 2025.
Explanation of State Expenditures: This bill likely increases the costs to the state by creating prohibitions
on privately made firearms and removing firearm identification. There would likely be more arrests and
associated Department of Correction commitments as a result of the bill. The bill makes possessing a
privately made firearm, removing firearm identification, and possessing a firearm with removed identification
a Level 5 felony.
The number of new commitments is unknown, but persons sentenced for similar crimes can provide insight
on the potential impact. According to the Abstracts of Judgement, between FY 2023 and FY 2024 there were
a total of 927 offenders sentenced for violating handgun regulations. About 35% of these individuals were
committed to the DOC post-trial with an average commitment time of 1.8 years.
A Level 5 felony is punishable by a prison term ranging from 1 to 6 years, with an advisory sentence of 3
years. The sentence depends on mitigating and aggravating circumstances. The average expenditure to house
an adult offender was $29,432 annually, or $80.58 daily, in FY 2024. (This does not include the cost of new
construction.) The estimated average cost of housing a juvenile in a state juvenile facility was $113,108, or
$309.67 daily, in FY 2024.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would increase. The maximum fine for a Level 5 felony
is $10,000. Criminal fines are deposited in the Common School Fund. The total fee revenue per case would
range between $113 and $138. The amount of court fees deposited will vary depending on whether the case
is filed in a court of record or a municipal court. The following linked document describes the fees and
SB 153 1 distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: If more defendants are detained in county jails prior to their court
hearings, local expenditures for jail operations may increase. The average cost per day is approximately
$64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county
jails across Indiana during CY 2021. Of the 927 offenders sentenced, 79% of these individuals had pre-trial
jail time, and 19% were committed to local jails with an average commitment time of 0.64 years. Average
time spent in post sentence probation is 1.1 years.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852.
SB 153 2